Neighbour’s security camera facing directly over my drive

[Brightstar29]

I F30 live alone in a semi-detached house on a newish build housing estate in a house I own. My next door neighbours (on the semi-detached side) have always been a bit off with me, but I am not a nuisance neighbour, I work full time during the week and live a fairly quiet life.

They have two security cameras pointing each way and one of them points directly over my drive.
At Christmas I put some lights up for the first time which flashed, completely on my property and not crossing the boundary to theirs. When I had it on the flashing setting they aggressively knocked on my door (I was in the bath so wasn’t able to answer, the lights had been flashing the night before but they’d conveniently waited for my boyfriend to leave before coming over) and I realised it must have been something to do with the lights triggering their security camera so I switched the setting and didn’t have any further issues.

It slightly bothers me that they have a camera directly over my drive, AIBU? I didn’t even think about it until my friend pointed out it was strange that they would have a camera directly over my drive.

Would it be because if someone was to break in they could access their home through your drive? Or does it cover part of theirs and part of yours? Part of me thinks that it’s a bit of a bonus because it gives security to your drive without you having to pay but I’d feel odd about it too.

It might not be the camera, flashing lights can be really annoying. There's a couple of houses here that leave the lights on demo mode and it's awful!

Can you block the camera somehow?

There are rules about coverage of others' properties with cctv. The camera field of view should be restricted if you do not consent, although tricky of close together. Having said that is it really intrusive or might the benefit outweigh any misgivings?

And if it is a 180o camera it might appear to overlook without actually doing so. The motion sensor might be triggered by neighbouring lights flashing or blowing in wind.

Flashing lights are incredibly annoying, often flashing away through closed curtains

personally i would be happy cameras show my drive, they will be protecting my property as well

I'm sure someone will be along that knows the rules governing this, but not sure they are allowed to film your property but if they do you can ask for the footage ?

I would find this odd, Can you find out if their camera definitely covers your drive.

I know there are strict laws about this, Radio 4 did a programme where a guy asked neighbour very politely to. move camera. Neighbour refused and they ended up in massive trouble due to data protection laws.

(I was in the bath so wasn’t able to answer, the lights had been flashing the night before but they’d conveniently waited for my boyfriend to leave before coming over) and I realised it must have been something to do with the lights triggering their security camera so I switched the setting and didn’t have any further issues.

How did you get all that from them knocking on your door?

This wouldn't bother me, in fact I might be glad of it if I was burgled or had a car stolen from my drive.

As long as it's not pointing in your windows, I can't see a problem.

They legally aren't allowed to have their cameras covering anything outside of their own property without permission. To have them pointing at your drive, they need your permssion to do so.

Without looking at the camera recordings it would be quite hard to know just how much of your property it covers, they might have it angled just so it gets the end of your drive so would pick up any people entering from that direction.

But I'm confused ----

""When I had it on the flashing setting they aggressively knocked on my door (I was in the bath so wasn’t able to answer, the lights had been flashing the night before but they’d conveniently waited for my boyfriend to leave before coming over) and I realised it must have been something to do with the lights triggering their security camera so I switched the setting and didn’t have any further issues.""

So you didn't answer the door? You didn't know it was anything to do with the lights? That's a bit odd to assume all of the above based on nothing?

The camera can legally cover your property, but it should primarily be in relation to their properties security and in covering outside of their property falls within GDPR

www.gov.uk/government/publications/domestic-cctv-using-cctv-systems-on-your-property/domestic-cctv-using-cctv-systems-on-your-property

If it goes into your privacy then that’s a different matter (but assuming your driveway is out front in public then that does not normally apply)

You need to be made aware of the CCTV, they need to manage and keep secure the footage. Footage must be retained only for as long as possible and available to you on request

If audio is recorded that has additional GDPR issues

If you don’t have a problem in principle then there is a degree of benefit to have CCTV crossing over, provided you are all content with the security and retention time of the footage

Could you link to this please?

I've Googled and I can only find the opposite - that 'consideration should be shown', but nothing written in law regarding driveways.

This is partially right
GDPR applies & you can object

Free security - I wouldn’t have a problem with drive at all, I would only have an issue if it was in my back garden

I think it more bothers me because they have been off with me before therefore it unnerves me a little.

For example when I had just moved in my dog was in the garden but started to bark, literally I went outside as soon as I could to try and get her in but the woman popped her head over the fence and asked me to get my dog to be quiet even though it had literally been a couple of minutes if that and wasn’t late at night. And that when I have seen them e.g when getting in out of cars on the drive they have blanked me when I’ve smiled etc. But then at other times I have taken parcels for them etc and it’s been fine so it’s a bit strange.

In terms of security I get it, which is why I can’t really decide if it should bother me or if I should see it as a benefit. It was only when my friend pointed it out as odd that I thought about it more.

From the Information Commissioners Office...

Can the ICO retrieve CCTV footage from a domestic user?

No. People have the right to install CCTV cameras and smart doorbells on their property. They should try to point cameras away from neighbours’ homes and gardens, shared spaces or public streets. But this is not always possible, and it is not illegal to do so.

If you complain to us about a data protection issue about the use of domestic CCTV, and we believe a person broke the rules – we can write to them. In our letter, we may ask them to consider moving the cameras and to think about the privacy of others.

There is a limited amount of action the ICO can take after this point to make the person comply. It is highly unlikely the ICO will consider it fair or balanced to take enforcement action against a domestic CCTV user.

You can approach your neighbours and actually talk to them, who do people not do this than posting on here.

Ask them politely if you see what the camera sees, as long as it's is covering their property and they have a justifiable reason then it's difficult to get them to reposition them.

If they are not willing to reposition them they can blank out areas you want as private all CCTV
Systems allow privacy blocking. They can draw black squares over the area not to be filmed.

I have CCTV both front and back and during install and after I visited all my neighbours and asked if they wanted to view what they can see. Surprisingly most said they felt more secure that I covered their property.

In the last 10 years I have had my CCTV, the police have taken footage off me 6 times. I have recorded both my car and neighbours cars being hot by bad parking, I have recorded the reg and people involved in one burglary and they were caught and recorded my neighbours van being stolen which was recovered.

I have had neighbours ask me to watch their houses whilst they left their teenages at home and have stopped parties whilst they are away

Good relationship with neighbours with CCTV can be a benefit and you never know if it will benefit you.

www.gov.uk/government/publications/domestic-cctv-using-cctv-systems-on-your-property/domestic-cctv-using-cctv-systems-on-your-property

ico.org.uk/for-the-public/domestic-cctv-systems/

I did oversimplify, but its effectively correct. If you are recording images on other peoples property, you need to follow all GDPR rule and they can make a SAR every single time you record them, which you are legally obliged to respond to. They can also request you erase every single image of them, and if you don't, you have to justify why, in writing, each time. You have to give them the right to see the images, and you need to justify why you have them.
And if you are recording images of children on their parents property or public space, all of this is even more heightended and convoluted.

From your own link...

What will the ICO do if someone doesn’t follow the rules?

You can complain to us when a user of domestic CCTV doesn’t follow the rules. We can send a letter asking them to resolve things, eg put up the appropriate signage or respond to data protection requests.

There is a limited amount of action the ICO can take after this point to make the person comply. It is highly unlikely the ICO will consider it fair or balanced to take enforcement action against a domestic CCTV user.

So there's basically Jack Shit the OP can do about her driveway being filmed.

Yeah, I was thinking of my own country and its much better privacy laws, thinking the UK would be the same....but the correct info is all there in the links.

I think it's a bit of a ridiculous tit for tat. They've been irritated by your dogs barking and flashing lights, both of which are pretty antisocial and so you're being irritated by their camera. As a woman in your own maybe it's actually a plus that someone has a camera which covers your drive way. Could put intruders off.